House Study Bill 15 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to sex offender registration requirements, 1 sexually violent predators, and the commission of the 2 offense of child endangerment by a sex offender, and 3 providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1262XD (5) 87 jm/rj/rh

S.F. _____ H.F. _____ Section 1. Section 692A.101, subsection 14, Code 2017, is 1 amended to read as follows: 2 14. “Incarcerated” means to be imprisoned by placing a 3 person in a jail, prison, penitentiary, juvenile facility, 4 or other correctional institution or facility or a place or 5 condition of confinement or forcible restraint regardless 6 of the nature of the institution in which the person serves 7 a sentence for a conviction. “Incarcerated” does not mean 8 placement in a residential correctional or treatment facility 9 that allows a resident to leave the facility for a portion of 10 a day or days. 11 Sec. 2. Section 692A.101, subsection 31, Code 2017, is 12 amended by striking the subsection and inserting in lieu 13 thereof the following: 14 31. “Sexually violent predator” means a person who has been 15 convicted of or charged with a sexually violent offense and who 16 suffers from a mental abnormality which makes the person likely 17 to engage in predatory acts constituting sexually violent 18 offenses, if not confined in a secure facility. 19 Sec. 3. Section 726.6, Code 2017, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 1A. A person who knowingly takes custody or 22 control of a child or minor, or who knowingly has unsupervised 23 access to a child or minor while required to register as a 24 sex offender under chapter 692A, commits child endangerment. 25 However, this subsection does not apply to a person who is a 26 parent or guardian of the child or minor, or to a person who 27 is married to and living with a person who is the parent or 28 guardian of the child or minor. 29 Sec. 4. Section 726.6, subsection 3, unnumbered paragraph 30 1, Code 2017, is amended to read as follows: 31 For the purposes of subsection 1 or 1A , “person having 32 control over a child or a minor” means any of the following: 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1262XD (5) 87 jm/rj/rh 1/ 3

S.F. _____ H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to sex offender registration requirements, 2 sexually violent predators, and the commission of the offense 3 of child endangerment by a sex offender. 4 Currently, a person required to register as a sex offender 5 is not required to register while incarcerated including while 6 placed in a jail, prison, penitentiary, juvenile facility, or 7 other correctional institution or facility. The bill changes 8 the definition of “incarcerated” in Code chapter 692A to 9 specifically exclude placement in a residential correctional or 10 treatment facility that allows a resident to leave the facility 11 for a portion of a day or days. By excluding placement in 12 a residential correctional or treatment facility from the 13 definition of “incarcerated”, a sex offender placed in a 14 residential correctional or treatment facility is required to 15 register as a sex offender while placed at such a facility. 16 The bill changes the definition of “sexually violent 17 predator” in Code chapter 692A (sex offender registry) to 18 mirror the definition of sexually violent predator in Code 19 chapter 229A (commitment of sexually violent predators). 20 Under the bill, the definition of “sexually violent predator” 21 is changed to mean a person who has been convicted of or 22 charged with a sexually violent offense and who suffers from a 23 mental abnormality which makes the person likely to engage in 24 predatory acts constituting sexually violent offenses, if not 25 confined in a secure facility. A sexually violent predator is 26 classified as a tier III offender under Code chapter 692A and 27 must register as a sex offender for life. 28 Under the bill, a person who knowingly takes custody or 29 control of a child or minor, or who knowingly has unsupervised 30 access to a child or minor while required to register as a sex 31 offender, commits child endangerment. However, the bill does 32 not apply to a person who is a parent or guardian of the child 33 or minor, or to a person who is married to and living with a 34 person who is the parent or guardian of the child or minor. The 35 -2- LSB 1262XD (5) 87 jm/rj/rh 2/ 3

S.F. _____ H.F. _____ penalties for a person who commits child endangerment range 1 from an aggravated misdemeanor to a class “B” felony punishable 2 by up to 50 years in prison. 3 -3- LSB 1262XD (5) 87 jm/rj/rh 3/ 3